BIGAMY.

1713. It is illegal for any person to marry who has a husband or wife living, for every person who marries while having a husband or wife living, is guilty of the crime of bigamy; and

1714. A bigamous marriage is utterly void in every respect; and

1715. Every person guilty of bigamy is liable to criminal proceedings and penal punishment; notwithstanding,

1716. Limitation of Time.-If a person's husband or wife has

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been absent for seven years, and has not been known by such person to be alive for such period, and such person marries again, though the lost husband or wife afterwards proves to be alive, and the second marriage of such person is therefore bigamous and void, yet such person cannot be criminally proceeded against.

DIVORCE.

1717. In the event of any marriage being annulled by a divorce, the persons so divorced must not and cannot legally marry again, until three months have elapsed after the absolute dissolution of the former marriage (a).

THE ROYAL FAMILY.

1718. Descendants of his late Majesty, King George the Second, male or female (except the issue of princesses married to foreigners), cannot legally marry without the consent of the crown or the assent of parliament.

1719. Consent of the Crown.-When the consent of the crown is obtained for the marriage of a member of the royal family, such marriage may be legally solemnized according to any of the recognized modes (1862).

1720. Assent of Parliament.—In case the consent of the crown is refused for the marriage of a member of the royal family, and such member persists in a resolution to marry in defiance of such refusal, and the consent of the crown is still withheld, it is provided that such member, if above the age of twenty-five years, may effectually serve the privy council with notice of the proposed marriage, and unless, during the next ensuing twelve calendar months, both houses of parliament expressly declare their disapproval of the proposed marriage, the marriage may proceed; but,

1721. Unauthorized Marriage.-If a member of the royal family affects to marry without the consent of the crown, and without notifying the privy council, or in defiance of the express objection of both houses of parliament, such presumed marriage is void in England in every respect, no matter where or how solemnized.

SPECIAL INCAPACITIES.

1722. Absolute Unfitness.-No marriage is valid if it can be proved that either of the parties at the time of its celebration, was impotent; or,

1723. Idiotic, or insane; but,

(a) See "Divorce."

1724. Proof of Insanity.-In case of a married person being insane, it must be proved, in order to sustain a plea of invalidity that such person was insane at the time the ceremony took place; for 1725. Lucid Intervals.—If an insane person is visited with lucid interval, and such person's marriage is celebrated during such interval, the marriage is inviolable.

ILLEGAL CIRCUMSTANCES.

1726. Force, or Terror.-No marriage is inviolable if it can b proved that, at the time of the ceremony, either of the parties wa forced to submit, or was terrified into an acquiescence which wa apparent only; or,

1727. Fraud.-Was inveigled by some deception or misrepre sentation of a fatal character.

1728. Rank.—If one of the parties to a marriage is innocently or purposely deceived as to the rank or condition of the other, such deception will not in the least invalidate the marriage; but,

1729. Personal Identity.-If either of the parties to a marriage is imposed upon and deceived as to the personal identity of the other the marriage may be made void at the instance of the deceived party, but not at the instance of the deceiver; and

1730. Renunciation Essential.-If a person is induced to marry under a deception as to the personal identity of the other party, such person upon discovering the mistake, must, to effect a dissolution o the marriage, insist upon that course, and renounce the marriage the moment the deception is perceived (1953); for,

1731. Acquiescence.-If a marriage is duly celebrated, and ont of the parties is deceived as to the personal identity of the other, and such deceived party after discovering the mistake, assents even for a moment, the marriage is inviolable.

LEGAL CAPACITY.

1732. Marriageable Age.-Any male of the age of fourteen years, or any female of the age of twelve years, may marry, unless barred therefrom by legal impediments (1651).

1733. Control of Minors.-The parents or guardians of any person under twenty-one years are at liberty to prevent the marriage of such person, if they take the necessary steps for doing so (1842); but,

1734. Absence of Control.-If the parents and guardians of a minor, from ignorance of the minor's intended marriage, or from negligence, fail to take the requisite preventive steps for preventing such marriage, and it duly takes place, it cannot be annulled by reason of the lack of consent.

1735. Young Widowers and Widows.-Widowers and widows, under the age of twenty-one, are free to marry again before they attain that age independently of the consent of their parents or guardians.

1736. Bodily Infirmities.-Persons who are blind, deaf, or dumb, or who are suffering from any bodily infirmity whatever, excepting impotence (1722), are legally eligible for marriage, and their marriages are valid, providing only that it can be proved that they, at the time of the ceremony, are cognizant of what is said, implied, or done.

COUSINS.

1737. It will be observed that throughout the long list of kindred prohibited from marrying, there is no reference to such a relationship as that of cousins; therefore,

1738. First Cousins.-Cousins, in the first and nearest degree, are permitted to marry without let or hindrance; so that,

1739. Blood Relations.-Though the law is elaborate in its denunciations of marriages between certain parties concerning whom there can be neither physiological nor moral objection (1699, 1700, 1669-70), yet the law permits, sanctions, and encourages marriages between grandchildren of the same parents, who may be living evidences of undoubted blood-relationship, the union of which is almost universally repugnant to the moral sense, and generally believed to be physiologically pernicious.

AUTHORITY TO MARRY.

1740. Marriage, in England, to be valid, must be upon some one accredited authority, recognized by law; as set forth in the following

order :

1741. By banns (1756).

1742. By licence of a bishop (1769).

1743. By special licence of the archbishop of Canterbury (1779).

According to the

rites of the Church of

England.

1744. By certificate of a) According to the rites of the Church of superintendent registrar (1782) England, or by some other legal mode.

1745. By licence of a super- In any legal way except according to intendent registrar (1794, 1797) the rites of the Church of England. 1746. The various effectual authorities to marry, have reference to the numerous modes and places by which and where marriage may be effectually solemnized; namely:

1747. Churches of England (1869).

1748. Registered buildings (1873).

1749. Superintendent registrars' offices (1884). 1750. Quakers, or the Society of Friends (1890). 1751. Jews (1892).

1752. Ireland or Scotland (1807).

1753. British subjects abroad (1809).

1754. British subjects in foreign countries (1819). 1755. Subjects in British possessions (1841).

I.--BY BANNS.

1756. Meaning.-The term "banns" applies to a series of public announcements in a church, giving notice of an intended marriage. 1757. Notice. When persons desire to be married upon the authority of banns, notice must be given accordingly.

1758. By Whom.-Notice of banns must be given, in writing if required (1761), by one of the parties, or some person on their behalf.

1759. To Whom.-Notice of banns must be given to the clergyman or clerk (almost invariably the latter) of the parish where the parties reside; and

1760. Different Parishes.—If the parties to an intended marriage reside in different parishes, then notice of banns. must be given in each parish.

1761. Form of Notice.--There is no accredited form of notice of banns, as a written notice is very rare, and almost unknown; for,

1762. Verbal Notice.-The usual course in taking notice of banns is for the parish clerk to write in his official book the particulars as they are told to him; and

1763. Evidence of Notice.-An entry in a parish clerk's official book of banns is conclusive evidence of notice given.

1764. The Declaration.-On notice being given of banns, declaration must be made that there is no impediment to the marriage, nor any consent wanting, to authorize the parties to marry (1775).

PUBLICATION.

1765. The clergyman of the parish or parishes respectively, where the parties to an intended marriage reside, having duly